Contents

• Managing long-term health conditions in the Workplace.
• Long-term health conditions versus disability.
• Equality Act & Reasonable Adjustments – Top Tips.
• Possible Reasonable Adjustments.
• What happens if you do not make reasonable adjustments?
• Is long Covid a disability?
• Definition of Long Covid.
• Possible Support for employees experiencing long covid.
• Case studies – where it has gone wrong.
• 6 top tips for businesses for managing long-term health conditions

Long-term conditions are often referred to as chronic conditions within the UK, these conditions will require ongoing treatment and management. In some cases, for the person’s entire life, for example, asthma or diabetes.

Symptoms of long-term health conditions can vary, impacting the person’s quality of life and limiting the activities they can do. The person may require physical therapy or lifetime medication as a result of the condition. The condition may be slowly progressing, developing, and worsening over time, such as arthritis or heart disease.

In the UK, people with disabilities are protected under the Equality Act 2010. The Act outlines that a person has a disability when a physical or mental impairment has a substantial and long-term adverse impact on day-to-day activities. ‘Long-term’ means the conditions has lasted or are expected to last 12 months or more.

Long-term health conditions UK statistics

• 30% of the UK population live with one or more long-term health conditions.
• More than 4 million of these people also suffer from mental illness.
• The HSE reports there were 32.5 million estimated working days lost due to work-related ill health.
• People out of work due to long-term sickness increased by 363,000 since early 2020 (ONS)

Long-term health conditions versus disability

Whilst they are two distinct concepts, long-term health conditions and disability intersect with each other at times, we have provided an outline of each below.

Long-term health conditions also known as chronic diseases are health issues that need continual management usually for a longer period of time, or life falling diagnosis. Managing long-term health conditions can be overwhelming, due to it impacting a person’s quality of life.

Disability is an overarching term for impairments, movement limitations, and participation constraints, according to the World Health Organisation (WHO). A disability may emerge from a mental, physical, or sensory impairment i.e., losing their vision. A disability impacts how a person interacts in society.   

Considerations are needed for the barriers within a person’s environment preventing them from fully interacting in society, for example, if a person is in a wheelchair, they may only be disabled in environments lacking wheelchair accessibility.

Mental health may be defined as a disability when it significantly impacts a person’s daily life for at least 12 months, it is considered a disability under UK law. The Equality Act 2010 was developed to protect individuals suffering from mental health illness from discrimination and ensure equal opportunities.

• A long-term health condition is defined as a condition that cannot at present be cured but can be controlled by medication and therapies.
• A physical disability, or physical impairment, which may have a substantial and/or long-term adverse effect on a person’s ability to carry out normal day-to-day activities.
• This may include long-term conditions, which may have an impact on daily living, as well as physical challenges faced by some individuals.
• The key message here is about individuality, and not assuming that any condition affects everyone in the same way.

Equality Act & Reasonable Adjustments – Top Tips

*Remember* you are not an expert in the condition, and you are not expected to be! This is why hiring external support is crucial for guidance for best steps going forward when managing long-term health conditions.

Think outside the box when it comes to reasonable adjustments showing the business has taken all measures and considerations possible to make adjustments helping to keep the employee working with the company.

Remove the bias when managing long term health conditions. Each case is unique to the individual, impacting them in various ways. Don’t think “well my aunt had this condition and didn’t have this symptom; she could work without adjustments.” Taking advice from professionals, on a case-by-case understanding is highly recommended.

Keeping up to date is crucial, as consistently gathering information on employment laws and reasonable adjustments helps to manage long-term health conditions as well as keep the business on the right side of laws.

People managers have significant impact on employee health at work, more than many will realise – keep this in the back of your mind when managing long-term health conditions.

Possible Reasonable Adjustments

1. Phased return to work programme
2. Alterations to start and finish times
3. Altered hours, shorter days, days off in between workdays
4. Alteration to workload (fewer tasks than normal)
5. More time to complete tasks
6. Need for more regular breaks
7. Temporary changes to tasks
8. Seek professional advice

What happens if you do not make reasonable adjustments? 

Overlooking the importance of making reasonable adjustments in the workplace may have serious repercussions. Failure to comply with discrimination laws, employees may raise grievances against employers, and these may lead to tribunal claims. Tribunal claims may have a negative impact on the business’s reputation, impacting recruitment and retention of employees.

Discrimination claims are uncapped in relation to compensation for injury to feelings, meaning there may also be serious financial implications. Awards currently range from £1100 to £56,000. The financial implications only should put pressure on employers to take all necessary steps.

Failure to make reasonable adjustments may lead to negative employee relations, lowering staff morale and trust. This may result from employees feeling their needs are not being meet or addressed by the employer. Employers may see a drop in productivity and motivation.

Furthermore, the business’s reputation may be significantly impacted as corporate social responsibility (CSR) has a great sway on brand reputation. Poor CSR from being seen to discriminate against employees when managing long-term health conditions, may damage customer loyalty and future business leads.

Is long Covid a disability?

A disability is “a physical or mental impairment that has a substantial and long-term negative effect on a person’s ability to do normal day-to-day activities.”

Definition of Long Covid

“Post-COVID-19 condition occurs in individuals with a history of probable or confirmed SARS CoV-2 infection, usually 3 months from the onset of COVID-19 with symptoms and that last for at least 2 months and cannot be explained by an alternative diagnosis.” World Health Organisation

With each individual experiencing different symptoms, severity of symptoms and duration of symptoms of long Covid, it is hard to say whether it will always amount to a disability.  In October 2021, the ONS estimated that there was 1.2 million experiencing long COVID in the UK, in January 2023 this is now estimated to be 2 million.

The Trade Union Congress (TUC) had recently called for it to be recognised as a ‘deemed disability’ to overcome this issue – in other words, for it to automatically be accepted as a disability, bypassing the complexities of the statutory definition above.

However, if this was to be implemented, it will likely lead to arguments as to where the boundary between normal Covid and long Covid lies.

Due to the uncertainty as to whether long Covid will be a disability in each person’s circumstances, it will be lower risk for you to act on the basis that employees with it have a disability while more information is pending. This means focusing on the reasonable – adjustments you can make.

Even if long Covid is not a disability, you should be careful that policies do not disadvantage those with the condition or indirectly discriminate against other protected characteristics.

For example, long Covid has so far been found to affect older people, ethnic minorities, and women more severely. A SAGE independent report found that the general population usually experiences mild symptoms of COVID-19 and 5-10% will develop long COVD.

Symptoms of Long Covid

• Fatigue
• Headache
• Feeling unwell
• Breathlessness
• Cognitive symptoms-Brain fog, confusion, memory loss
• Persistent Cough
• Gastric problems
• Palpitations
• Neurological symptoms- ringing in the ears, loss of feeling in hands/feet.

Possible Support for employees experiencing long covid.

Managing long term health conditions brings the need for support systems in the business, taking consideration by a case-by-case bases.

•  Time off for appointments

•  No lone working

•  Clear objectives and regular communication

•  Working from home or Hybrid working model

•  Equipment adjustments

• What else is the employee asking for?
• What have the experts recommended?

Case study – where it has gone wrong.

L Buchan V West Lothian Board (2021)

An Edinburgh hospital worker was dismissed by health board following a long sickness absence, as of injuries sustained from being hit by a van door at work. Ms. Buchan won her unfair dismissal and disability discrimination case against NHS Lothian and awarded £11,571.51 by the tribunal. The compensation was for injury to feelings, as Ms Buchan claim of disability harassment was not upheld by the tribunal.

The accident had left her out of work for 2 years, previous to the accident Ms Buchan had been experiencing lower back pain and numbness in her fingers. Occupational health had done an assessment, but the pain did not affect Ms Buchan ability to attend work, prior to the accident she had no sickness absence.

The accident occurred in April 2019; Ms Buchan was opening one of the backdoors of the van she used for work. The wheelchair ramp extended unexpectantly, causing the other door to open causing Ms Buchan to be hit, falling to the ground.

Despite being injured Ms Buchan did not take any time off work but communicated to her line manager that her existing pain had worsen, particularly the pain and numbness in her left arm. Due to the persistent pain, she was signed off work even though she was trying to “push through” and continue to work.

Ms Buchan had raised issues regarding her pay, how her line manager handles the long-term absence and how her application for injury allowance was in the first instance unsuccessful. Fast forward to September 2020, during a meeting, dismissal had been mentioned causing Buchan to become upset and suggesting a role where she can work from home, as she had been signed off to do so.

A year later, NHS Lothian had come to the decision to terminate Ms Buchan employment on the grounds of capability due to her being unable to meet the expected standards of attendance for her current or other roles. When this decision was made, Ms Buchan had been on sick leave for 2 years due to a workplace injury.

NHS Lothian failed to make reasonable adjustments for Ms Buchan i.e., providing a work from home role. Leading to Ms Buchan being awarded £ 11,571.51. Learning from NHS Lothian is to train line managers on managing long-term health conditions, ensuring this doesn’t occur again.

6 top tips for businesses for managing long-term health conditions.

1. Treat each case individually: people experience with long-term health conditions is unique and should be managed in the same way. Creating plans specific to the person is highly recommended, whether this is working from home or flexible working times. Encourage open communication between the employee and line managers.
2. Proactively manage absence: employee handbooks should have an absence management policy, helping line managers to refer back to. Arrangements should be made in order to cover the person’s workload if absence for a long period of time. Consider the return-to-work process, will this be a phased return.
3. Educate line managers: training line managers on how to handle long-term health conditions, this involves signs of struggle in an employee, identifying the employers’ legal obligations and the support incentives available for the employee.
4. Take advice at every step of the way to keep you right: you are not expected to be an expert, consult with health professionals, lawyers and HR consultants regularly to help manage the situation properly. HR consultants will help line managers understand the risks involves by taking particular steps.  
5. Be mindful of uncapped claims: Employers have a duty of care, understand the laws as to not leave the company liable costing them possibly 10s of thousand pounds.
6. Be patient and trust the process: managing long-term health conditions is a long process, don’t make any quick/emotional decisions. Continue to make adjustments where possible and within reason, utilising all avenues available to the business i.e., external HR consultants.

When managing long-term health conditions investing in outsourced HR services is recommended. Our team of HR consultants can guide you through the process for managing long-term health conditions with the best practices.

Social media continues to adapt and develop, changing how businesses and their customers interact with each other. As with everything, social media has its pros and cons. More people than ever are using social media, many on multiple platforms sharing their photos/videos, thoughts/opinions, and lifestyles.

This opens a whole new arena for employers to deal with, especially when it comes to employees’ inappropriate behaviour on social media.  Due to social media the gap between, employees’ private life and work life has narrowed significantly.

Employees’ online and offline conduct outside of work can influence their employment and may result in the employee’s dismissal if deemed inappropriate and have an impact on the employer’s reputation.

However, employers shouldn’t react irrationally or without significant evidence whilst following the correct disciplinary procedure. Acting irrationally or too quickly may result in an unfair dismissal claim. Furthermore, businesses must consider whether the dismissal falls under ‘conduct’ or for ‘some other substantial reason.’

Employees’ inappropriate behaviour on social media can take different forms, including;

Harassment

Sharing or posting comments which are based on an individual’s gender, race, religion, sexual orientation, or other protected characteristics may amount to harassment.

This may involve engaging in cyberbullying, making comments which are deemed threatening or derogatory, or sharing harmful content on social media platforms.

Inappropriate/explicit content

Posting or sharing of content deemed to be inappropriate may include sexually explicit or violent images, sharing of drug or alcohol use, or profanity.

Political or religious content

Engaging in posts sharing an employee’s political or religious views, or alternatively the employee writing and posting it themselves. This can be seen as representing the business’s viewpoint which may impact the business’s reputation. This may include the singing of songs with paramilitary references.

Disclosing confidential information

Sharing of businesses’ confidential information on social media platforms, including any information about the company itself, it’s employees or clients. Sharing of this information could be deemed as a breach of confidentiality.

Denigrating remarks

Posting comments where the employee is criticizing the company, management, or co-workers. Furthermore, making negative comments regarding the business’s products or services as well as sharing any grievances which are work-related.

External pressure to dismiss an employee.

If an employer feels pressure from an external party such as a supplier, customer, or sponsor to dismiss an employee following an untoward incident deemed as inappropriate behaviour on social media is circulating, this could potentially lead to an unfair dismissal claim.

Back in May 2022, a video was broadcast live on social media where a group was singing a song referencing a young Northern Irish woman who was murdered. This resulted in employees being dismissed with immediate effect due to the religious and political aspects involved. However, these employees have now submitted an unfair dismissal claim stating whilst they were present, they did not participate in the singing.

Businesses had been put under extreme pressure to take action, following this inappropriate behaviour on social media going viral, and may have reacted too quickly, not taking the correct steps and procedure for dismissing an employee.

External pressure to dismiss an employee may be included as appropriate evidence through the disciplinary procedure in relation to an employee’s actions or conduct, this may be inside or outside of work. Not every incident will be processed through the disciplinary process, furthermore, not every incident will amount to gross misconduct warranting dismissal following the first offence.

In some cases, the legal term for dismissal may not be ‘conduct’ but rather ‘some other substantial reason’ (SOSR), which may justify dismissal.

Under Article 130 (1) (b) of the Employment Rights Order 1996, SOSR can amount to a fair reason for dismissal as ‘some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.’

External pressures include clients, if a business only has one client and they have stated they would stop all work if the employee was not dismissed, this may warrant a fair dismissal due to some other substantial reason rather than conduct.

Tribunal cases relating to social media.

Trasler v B&Q ET

An employee posted on Facebook angrily, following a stressful day at work that his, “place of work is beyond a F***ing joke” and that he would be, “doing some busting”. These comments were noticed by a co-worker and reported to his employer. Following this, the employee was dismissed.

The tribunal found this to be an unfair dismissal, finding the employer to be unreasonable for concluding the comments on Facebook was a threat to the business’s reputation, nor was the employer and employee’s reputation undermined to the level that it warranted the dismissal.

Amey v London Borough of Barking & Dagenham

A compromising photograph of a naked Assistant Head Teacher had surfaced on Facebook, his wife had initially taken the photograph on her Blackberry phone. The teacher’s wife agreed immediately to delete the photograph, and the teacher believed his wife had deleted the image.

The Blackberry was taken to a repair shop as it had developed a fault but couldn’t be fixed. Fast forward 15 months and the image resurfaced on Facebook and students at the Assistant Headteachers circulated the photograph.

The school conducted an investigation into the incident and found the employee did not take enough steps to destroy the image, to ensure would not be made public again. The employee was dismissed on grounds of gross misconduct.

However, at the tribunal this dismissal was found to be unfair as the employee did not take the photograph himself, nor had posed for it, and fully believed the image had been deleted. The tribunal found that the Assistant Head Teacher was a victim of a crime and there were no acceptable grounds for the school to determine he had done anything wrong or failed to do anything.

The tribunal stated that if the employer had dismissed the employee on grounds of some other substantial reason,  and followed a fair procedure it could have been a fair dismissal.

The tribunal awarded the employee only his notice pay plus £300 for loss of statutory rights. His basic award wasn’t reduced.

Creating a social media policy

Developing and implementing a social media policy in the workplace is key to managing inappropriate behaviour on social channels. This policy will outline the standards and guidelines expected of employees when posting or sharing on social media.

The social media policy shouldn’t be limited to managing an inappropriate behaviour on social media involving the employee but, it must also detail the position of the employer and what action they can take.

The social media policy should detail all related policies which may apply following the inappropriate use of social media, including;

• Code of conduct/Statement of ethics and values
• Equal opportunities policy
• Anti-harassment and bullying policy
• Dara protection
• IT or electronic communications policy
• Disciplinary procedure policy

Examples of social media policy statements;

“You must not express opinions on our behalf via social media unless expressly authorised to do so by your manager. You may be required to undergo training to obtain this authorisation.”

Outline the exact don’ts of social media, e.g.;

You must not use social media to;

1. Defame or disparage the business, employees or third parties.
2. Harass, bully or unlawfully discriminate against employees or third parties
3. Make false or misleading statements, or
4. Impersonate other employees or third parties.

Within the policy, employers may stimulate the following;

“You must not display or disclose your affiliation with us on your social media profile or in any social media postings. Given that members of the public may still establish your affiliation with us, you should also ensure that your profile and any content you post are consistent with the professional image you present to clients and colleagues.”

Outline actions that may apply if breaches occur;

“You may be required to remove any social media content that we consider to constitute a breach of this policy. Failure to comply with that request may in itself result in disciplinary action up to and including summary dismissal.”

Don’t have a social media policy in place? Our team of HR consultants are experts when it comes to workplace policies, we will also complete an audit of your employee handbooks to identify any gaps to safeguard your business. Our HR consultants can advise on dealing with inappropriate behaviour on social media from employees.

Large Supermarket fined £3.5 million due to health and safety failures!

Morrisons Supermarket was found guilty of four health and safety failures following an employee fatality in 2014.

The supermarket was fined £ 3.5 million.

Matthew had suffered from epilepsy since the age of four. Morrisons were aware of his severe epilepsy and previously moved Matt to a different department and made adjustments following this change.

Matthew Gunn, died in hospital following a fall on the staff staircase, in Morrisons store on 25 September 2014. Matthew was a long-standing employee of 10 years. An epileptic seizure may have caused the fall, however, could not be confirmed with certainty.

The week prior to his fall, he had experienced an epileptic seizure in Morrisons warehouse, subsequently, his mother was called to pick him up.

The inquest concludes by saying “An absence of structured process and ownership in relation to managing a person with epilepsy, a lack of communication, no personal risk assessment, or the monitoring of thereof, and insufficient reporting all led to missed opportunities which may have contributed to Matt’s death.

The aspect of concern was the failure to record any observed or recorded epileptic event, Morrisons had been issued a ‘Prevention of Future Death’ regulation 28 report by the HM Senior Coroner for Gloucester.

Morrisons failed to put in place simple health and safety measures, to safeguard Matthew at work. Furthermore, Morrisons did not fully cooperate with all elements of the investigation. The significant fine enforced on Morrisons reflects the seriousness of the case and the failures of the company.

Avoid health and safety failures through our health and safety service.

Our health and safety consultants provide unlimited support through phone calls and emails, guiding you through various health and safety process in order to avoid health and safety failures.

Creating a safe and inclusive workplace culture

Do you have gender equality in your workplace?

Whether this is parental leave, flexible working, or gender-neutral language, now more than ever creating an inclusive culture is critical.

Does your business frequently conduct a gender pay gap analysis? This process identifies where and why there are gender pay gaps.

Find out more about gender equality in the workplace!

UK Pay rates & National Minimum wage 2023.

Employee entitlements for Statutory Sick Pay, Cap on week’s pay, and more have been increased for 2023, including the National Minimum wage.

Businesses are legally obligated to use the new rates, taking effect 1 April 2023.

We have provided two tables to outline the changes from 2022/23 to 2023/24 for businesses.

Find out more about UK pay rates and national minimum wage 2023!

Menopause in the Workplace Conference

Natalie is chairing the first-ever menopause in the workplace conference in Edinburgh on 18 April 2023 from 9 am to 1 pm, and you are all welcome!

Holyrood Insight is offering 20% off tickets to BeyondHR connections, use the code ‘beyondhr’ for 20% off.

A few of the key points being covered;

• Understanding the impact, the menopause can have on women in the workplace.
• Knowing how to talk about the menopause.
• Best practice in implementing a workplace menopause policy.
• Creating menopause friendly workplaces

Join the conversation on Tuesday 18th April in Edinburgh, providing business owners in Scotland with the chance to learn and network face-to-face with others.

Come along to find out what your legal responsibilities are and best practices in implementing a workplace menopause policy.

Get your tickets today!

The Spring budget was delivered on the 15^th March 2023, it has brought returnerships for over 50s and universal support for people with disabilities alongside the UK pay rates and National minimum wage 2023.

What are Returnerships?

Jeremy Hunt announced in the spring budget, a measure to encourage over-50s back to work with an Apprenticeship scheme, with many taking early retirement or a career break. The scheme uses the individual’s previous experience to fast-track the learning process.

The Returnerships program will provide people with free upskilling and training, encouraging those who took early retirement, or a career break back into the UK workforce. The aim is to get talented individuals back to work due to the shortages the UK economy is currently facing. Alongside the training, the program will assist the returners by providing job opportunities with businesses partnering with the program.

The returnership funding is £5 million and will provide grants to employers setting up returnership programs within their business. Grants may be used for mentoring, training costs or any other costs related to supporting people back to work. The program has other incentives including diversifying the UK workforce and promoting greater diversity and inclusion within businesses.

What is Universal Support?

The UK Government is funding up to 50,000 people with disabilities through a new ‘voluntary employment scheme’ helping those with disabilities back into the workforce. Jeremy Hunt commented that the new way of working has opened new opportunities as people can now use Zoom and Microsoft Teams to communicate with colleagues.

The Government is also looking at how people off work with long-term illness, can re-enter the economy due to economic inactivity within the UK. Currently there is over 2 million working-aged people off due to long-term sickness in the UK.

Why have the pay rates and national minimum wage increased?

The UK Government has increased their pay rates and national minimum wage due to a variety of reasons including the increasing inflation rates owing to the cost-of-living crisis alongside government policies. Implementing an increase in the national minimum wage will help lower earners who are struggling to make ends meet with a higher income as of April 2023.

Employers need to have their payroll correct from the 1^st April 2023 in line with the new national rates, ensuring they are compliant with employment laws in the UK.

The national minimum wage for apprentices 2023

The national minimum wage 2023 for apprentices is £5.28 per hour, up from £4.81 per hour in 2022.

For apprentices, they have a lower minimum wage as they are in training programs which means they are not fully productive within their field. The program provides them with on-the-job training.

However, the minimum wage for apprenticeship is not set haphazardly, the calculation will take into consideration multiple factors, such as age, length of service, and their experience. It should be set fairly to reflect the person’s circumstances.

The lower wage was created to accommodate both the employer’s and apprentice’s needs, and in order for them to deliver a training and development framework.  

National living wage vs National minimum wage

One key difference between the national living wage and the national minimum wage is the age requirement, i.e. those over the age of 23 have access to the National living wage. Anyone under the age of 23 will be paid the national minimum wage.

The national living wage is reviewed yearly, changing to reflect the cost of living compared to the national minimum wage which is periodically reviewed and modified. However, the cost of living is not taken into consideration.  

Both the national living wage and the national minimum wage are legal requirements of business owners, and financial penalties would be imposed on any businesses not paying the national minimum wage.

UK Pay rates and National minimum wage 2023

We have provided a table to break down the changes from 2022 to 2023;

Rates 2023

National Minimum Wage 2023

Do you need any further guidance on legal requirements for employees? Contact us today.

Make sure your payroll is up to date with the national minimum wage 2023.

An essential element to creating a fair and diverse workplace is implementing gender equality and inclusive HR policies within the working environment. By prioritising gender equality and inclusivity in the workplace, the business is creating a supportive culture that welcomes everyone. Creating a business with equality and diversity at the forefront. This type of working environment will lead to higher employee satisfaction, creativity, and productivity, boosting business performance.

Having a gender-diverse working environment, helps businesses have a better understanding of their diverse customers’ needs. This will have a positive impact on customer loyalty.  Additionally, incorporating inclusive policies can make the business look more attractive to potential candidates when going through the recruitment process and help keep employees in the business. Inclusive policies can range from flexible working, supporting work-life balance, and parental leave.

Creating gender equality and inclusivity in the working environment isn’t only the right thing to do, but there is also substantial advantages for business owners and employees.

What is Gender equality in the workplace?

To have gender equality in a business, all employees must be provided equal opportunities to develop and succeed in their roles regardless of their gender. Gender equality includes equal access to career development opportunities, fair pay, and a working environment without discrimination, bias, or harassment.

Gender equality removes gender-based barriers, biases and gender stereotypes, guaranteeing everyone is provided equal opportunities and sources to be successful within society and the working environment.

What are the benefits of gender equality in the workplace?

Promoting and creating gender equality has many benefits for businesses, including;

Increased business performance

Research has shown businesses promoting gender equality within their workforce will see higher financial performance when compared to businesses with less diversity.

Enhancing innovation

A business having gender equality helps to bring a range of opinions and perspectives, stimulating and enhancing innovation.

Better workplace culture

Employee morale and satisfaction will be higher when the workplace has gender equality, leading to the workplace culture being inclusive and positive celebrating all genders.

Diversified workforce

When you create an inclusive and diverse workforce, it will continue to attract and retain diverse employees. This brings further benefits of further understanding of diverse customer bases and further perspectives.

Common barriers to reaching gender equality.

Reaching gender equality in the workplace has its barriers, such as pay gaps and lack of female representation within management/leadership roles. Furthermore, stereotyping and expectations limit businesses from reaching gender equality.

Breaking gender-related discrimination and bias can be difficult within the workplace, so businesses must commit to increasing diversity and inclusivity, whilst promoting gender equality proactively throughout all aspects of the workplace, from junior to director roles.

What are Gender-Inclusive HR Policies?

The aim of gender-inclusive HR policies is to promote equality and non-discrimination within the working environment helping employees to feel valued and supported. The HR policies should be designed inclusive of all genders, including male, female, and non-binary.

Both the employer and employee will see the benefits of gender-inclusive HR policies, from improving work-life balance and higher job satisfaction for employees to lower turnover rates of employees and attracting highly intelligent candidates when recruiting due to having a strong business reputation.

If the business has a poor reputation for poor work-life balance, you may have to provide 10% higher wages.

Examples of gender-inclusive HR policies

Transgender-inclusive health benefits

If the business includes private health care benefits, it should be covering gender-affirming treatments and operations for transgender employees.

Harassment and anti-discrimination policies

Preventing and addressing harassment or discrimination in the workplace is key to employees feeling safe and supported. Developing clear policies and process is critical, they should also be clearly communicated to all employees and businesses zero tolerance for harassment and discrimination.

Gender-neutral language

This involves using language such as ‘they/them’ rather than he/him or her/she, others include using parental leave not maternity or paternity leave. Primarily it means avoiding pronouns or titles, simply put not assuming the person’s gender. This helps to remove gender stereotypes or biases.

Strategies for Implementing Gender-Inclusive HR Policies

Conducting a Gender Pay Gap Analysis

Conducting a pay gap analysis involves reviewing the differences between male and female pay within the business. In order to complete a pay gap analysis, the business should be by gathering data including salaries, job titles, and gender. Evaluate the mean and medium of the salaries comparing males and females. This analysis will identify any substantial pay gaps.

Consider the difference between job levels, departments, and additional reasons impacting pay.  Next, the business needs to have an understanding of the reasons for the pay gap. Factors for this include employees’ experience, education level or job titles.

Evaluate the potential there were any biases during promotions, performance reviews, or when recruiting. After the analysis is complete, develop an action plan for reducing the gender pay gap if there is any.

The action plan should involve training employees on unconscious bias, reviewing the business’s pay structure, and developing policies for gender equality.  Progress should be monitored continually, as a gender pay gap analysis isn’t and shouldn’t be a one-time process but an ongoing one.

Providing Flexible Working Arrangements

A game changer for gender equality in a business is providing flexible working arrangements. Helping employees to manage both their personal and work responsibilities.

Businesses need to review what types of flexible working would work best for them, whether this is job sharing, part-time working, or flexitime with core hours. From this evaluation, a policy should be created detailing the eligibility criteria, the process for requesting, and the approval procedure.

It should stop there, communicating to employees about the policy is critical alongside providing training for managers to help them to manage the requests effectively.  Continuous monitoring is necessary for the policy to ensure productivity and engagement hasn’t dropped due to flexible working.

Understanding any barriers employees may be faced with in order to utilise the flexible working arrangements and remove them. Incorporating this policy into the working environment, it creates a space where employees feel valued and empowered regardless of gender.

Providing Parental Leave and Support

If your business is taking steps to create a gender-inclusive working environment, providing parental leave and support is a critical aspect. All parents, regardless of gender want time to bond with their new baby and adjust to their new life.

The business parental leave policy should incorporate paternity and maternity leave, detailing the procedures for requesting and approving leave alongside clear eligibility criteria.  Other programs businesses may consider are childcare support or lactation rooms.

Developing and implementing a Parental leave and support policy it clearly demonstrates the business’s commitment to making a family-friendly working environment. Both employees and employers will see the benefit of this policy, from providing employees with a better work-life balance to increased productivity and engagement within the workplace.

Creating a Safe and Inclusive Workplace Culture

Employees should feel respected and valued in the workplace, where discrimination and harassment are not tolerated. Regardless of their sexual orientation, gender identity or any other protected characteristics.  Creating a safe and inclusive environment is essential for gender equality in the workplace.

In order to have a safe and inclusive culture, businesses should have clear policies and processes for managing incidents of harassment or discrimination. These policies must be communicated with employees, furthermore, line managers should receive training in managing these situations.

Establishing a safe and inclusive workplace leads to attracting and retaining a diverse workforce, increasing productivity and thus, benefiting business performance.

Key Takeaways

Creating a supportive culture may help to make your company a more attractive option for prospective new employees and clients. Removal of barriers to equality will lead to increased innovation and improved performance from employees, especially if matched with more effective benefits packages.

Making sure that harassment policies are active and not just taken can help to promote an inclusive culture which will in turn lead to more attractive working arrangements. There are many benefits to having clear, safe, inclusive and active policies in the workplace.